Plain-clothes enforcers are set to target disabled parking fraudsters

PLAIN-CLOTHED parking enforcers could be empowered to confiscate disabled parking badges which are displayed incorrectly and prosecute suspected fraudsters.

"Blue badges" can save disabled drivers more than £6000 a year in parking fees, the Scottish Parliament has heard.

But the current badges are too easy to forge or tamper with, creating a temptation for non-disabled drivers to cash in, blind MSP Dennis Robertson told MSPs.

His Disabled Persons' Parking Badges Member's Bill will see the creation of new secure badges and empower non-uniformed enforcers to confiscate misused badges.

Anyone found displaying a blue badge in a car without the presence of the registered owner could be liable to prosecution, MSPs heard.

The Bill has been endorsed by transport minister Keith Brown, Holyrood's Local Government Committee and received the unanimous support of Parliament at its first stage today.

But the power to confiscate badges has generated some concern, particularly from Inclusion Scotland and the Law Society of Scotland, who fear disabled people will be inconvenienced.

Robertson said: "Can I reassure members that when we look at confiscation it would only be carried out if it's felt that there is a justification to do so.

"In most cases I think an examination of a badge by an enforcement officer will probably determine whether that badge has been tampered with, is legitimate or is the badge of the person in the vehicle at the time."

He added: "The other part of the Bill that we are looking at is non-uniformed officers. This is to look at the enforcement aspect of the scheme and sometimes what we need is the evidence.

"To do that you need to ensure that if badges are being misused in areas, the intelligence that happens at the moment both in Glasgow and Edinburgh is that the enforcement officers can go out and take the evidence as appropriate, and then maybe make the appropriate approach and they can advise the police."

Local Government Committee convener Kevin Stewart said: "People misuse badges for financial gain, either with fraudulent badges or using a badge when the badgeholder is not present.

"Given that, for example, in Glasgow city centre parking costs £3 an hour you can see the temptation, which is probably increased because existing law is weak.

"The Bill provides additional enforcement powers to local authority officials and police officers.

"It allows badges to be cancelled and confiscated in certain circumstance and provides increased security features which should reduce forgeries and other forms of abuse.

"The Bill makes it a criminal offence to display a badge that is not valid. It may have expired or it may not be being used properly.

"For example, nipping out to the shops on behalf of the badge-holder does not entitle you to use the badge.

"The Bill will allow badges being improperly used to be confiscated. This provoked a little bit of controversy in evidence as it could inconvenience the badge-holder as a result of the actions of somebody else.

"We were, however, reassured that if confiscated it would be returned to the badge-holder promptly, thus minimising their time without the badge."

Brown said: "Dennis Robertson's Bill provides more powers for the detection of forged or fraudulently-used badges and that can only be a good thing for badge holders, and that can only be a good thing for badge holders who often have their days ruined when they can't go about their business due to disabled parking spaces being used by those who are misusing badges during this process."

He added: "If you are very determined in this regard, you can save yourself upwards of £6000 a year by misusing a blue badge.

"This is not a victimless crime, or it won't be when it becomes a criminal offence."

Labour's Mark Griffin said his party backed the proposals.

He told MSPs: "We welcome the Bill's main objective to protect the rights of blue badge holders, and recognise that misuse of blue badges has to be tackled because it can lead to blue badge holders not being able to access a parking space when they need it."

But he called for reassurance from the Scottish Government that it would work to ensure disabled drivers are properly educated about blue badges so that they do not inadvertently misuse them.

Griffin also called for assurances that councils would be "properly supported and financially resourced to implement the Bill's provisions, particularly around enforcement".

He said: "The Bill will be a welcome addition to local authorities in tackling blue badge misuse and the impact it has on genuine users, as long as they are financially supported to enforce the powers."

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